DUI Defense Firm In Atlanta, Georgia

Spencer v. State

Landmark case regarding admissibility of HGN results in Georgia. The Georgia Supreme court reversed the both the Trial Court and Court of Appeals agreeing with our argument that the HGN cannot be used to establish a blood alcohol level as there was no scientific bases for using this common DUI test in this manner.

Conviction Reversed

First Impression Legal Challenge in GA to Source Code of Intoxilyzer 5000

Hills v. State. Hills filed a motion for discovery of the “source code” used to program the Intoxilyzer 5000. The trial court denied the motion. Because admission of the source code has not previously been addressed by this Court, the GA Ct of APP granted Hills' request for interlocutory review. 291 Ga.App. 873, 663 S.E.2d 265

Trial Court sustained. The State of Georgia does not possess the source code for the Intoxilyzer 5000.

Keller v. State - Court of Appeals Overturned - Timeliness of Appeal

The Georgia Supreme Court concluded that when a multi-count indictment is the subject of one trial and the fact-finder returns a verdict of guilty on each count of the indictment, the case is not final and subject to appeal until a sentence has been entered on each count of the indictment. Because the Court of Appeals's dismissal of Keller's appeal is inconsistent with this rule, we reverse its judgment and remand the case to it for proceedings consistent with this opinion.

Won appeal that overturned Ct of App decision that Keller's appeal was untimely